University of Colorado police arrested two students this week after one student bought a single $5 prescription pill from the other. One of the students is being charged with the Unlawful Sale of a Controlled Substance (C.R.S. 18-18-405), while the other one is being charged with possession of a controlled substance (C.R.S. 18-18-403.5) in Boulder District Court. Both Drug Offense charges are felonies in Colorado. The pill was a tablet of Vyvanse, a stimulant used to treat attention deficit disorder, but also commonly misused by students as an alertness enhancer for studying.
Unlawful sale of a controlled substance in this case is a Class 3 felony drug offense. That's right, this student is facing up to 16 years in prison and a MINIMUM of 4 years in prison because it is considered an extraordinary risk crime in Colorado jurisdictions such as Denver, Broomfield and Adams County. At least 4 years in prison for selling a $5 ADD drug. Clearly, the punishment does not fit the crime. However, after our government's notorious "war on drugs" sentencing for drug related crimes is inordinately harsh. In a lot of ways, the punishment for selling drugs is the same whether you sell one pill or are a bona fide trafficker of copious amounts of illicit substances.
If you have been charged with a drug offense for unlawful possession or unlawful sale of a controlled substance, don't let one stupid mistake ruin your life. The Jefferson, Weld, and Arapahoe County District Attorneys will treat you like a hardened criminal, even if it is your first time being charged with a crime. Additionally, being convicted of a felony can have long term ramifications for your right to vote, your right to possess firearms, and your ability to get a job.
At the O'Malley Law Office, we can help you navigate the often confusing court system and make sure that we come to a disposition in your case that won't ruin your life. So, if you are contacted by the Aurora, Lakewood, or Westminster police, about a drug offense, be smart, exercise your right to remain silent, and call us today at 303-731-0719. Together, we can protect your future.